Legal Opinion

Commonwealth ex rel. Allegheny County v. Davison

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 152PublishedCited by 21 opinions

Appeal, No. 152, April T., 1899, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1897, No. 138, on verdict for defendant. Opinion by Rice, P. J. Appeal from judgment of magistrate.

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Appeal, No. 152, April T., 1899, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1897, No. 138, on verdict for defendant. Opinion by Rice, P. J. Appeal from judgment of magistrate. It appears from the docket of the alderman that this action, is based on the information, under oath of James Terry, the agent of the said dairy and food commissioner of the commonwealth of Pennsylvania,- in which it is alleged that the said defendant, C. Davison, on August 18, 1897, at his place of business, 4505 Liberty avenue, Pittsburg, had in his possession with intent to sell, and did…

1Opinion of the Court

Opinion by

Rice, P. J.,

This is an appeal from the judgment of the common pleas reversing on certiorari the judgment of an alderman, ex officio justice of the peace, for the penalty prescribed by section 3 of the Act of May 21, 1885, P. L. 22. That the provision of section 22'of the Act of March 20, 1810, 5 Sm. L. 172, relative to the finality of the judgment of the common pleas on certiorari, does not apply to a proceeding in the name of the commonwealth *135for the recovery of a penalty for what the section defines as an “ offense,” and the succeeding section makes an indictable misdemeanor, is…

2Cases cited8 opinions

  1. Commonwealth v. GelbertSupreme Court of Pennsylvania · 1895
  2. Commonwealth v. NesbitSupreme Court of Pennsylvania · 1859
  3. Commonwealth ex rel. Johnson v. BettsSupreme Court of Pennsylvania · 1875
  4. Commonwealth v. BurkhartSupreme Court of Pennsylvania · 1854
  5. Johnston v. CommonwealthSupreme Court of Pennsylvania · 1853

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Commonwealth v. Pennsylvania Milk Products Corp.Superior Court of Pennsylvania · 1940
  2. Commonwealth v. MollerSuperior Court of Pennsylvania · 1912
  3. Crumley v. Crescent Coal Co.Superior Court of Pennsylvania · 1900
  4. Commonwealth v. SeechristSuperior Court of Pennsylvania · 1905
  5. Commonwealth v. SimonsSuperior Court of Pennsylvania · 1969

16 more not listed; retrieve them via the Exa API.

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